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Privacy Policy and Terms of Use
1. INTRODUCTION
At MONDIANA, we respect the privacy of the personal data of all our clients, employees, and partners. Our GOAL is to ensure the integrity of personal data and protect your privacy.
This Privacy Policy and Terms of Use aims to demonstrate our commitment to privacy and the protection of collected personal data, establishing the rules for the collection, registration, storage, use, sharing, and elimination of collected personal data, in accordance with Law No. 13.709/2018, the General Data Protection Law (LGPD), as well as to establish the rules for using our websites and platforms.
We hope this Policy helps you understand our commitments regarding your privacy. For information and in case of any questions, concerns, or requests, please contact us via the following email: lgpd@mondiana.com.br. If you do not agree with the content of this Privacy Policy, you are free to decide whether or not to use the services offered by MONDIANA. In some cases, you may choose not to share certain optional data (which may prevent the use of some functionalities of the Solutions).
2. WHO IS RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA?
MONDIANA will be considered the CONTROLLER of personal data in all situations where it fits the legal definition of the LGPD, i.e., when it is responsible for decisions regarding data processing.
As a service provider, in cases where it does not have control over personal data processing activities, MONDIANA will act as the “Processor” of the personal data of the clients of the said “Controller” company.
When MONDIANA acts as the PROCESSOR, the data subjects’ data will be processed and stored in the CONTROLLER’s systems that operate in accordance with security policies and mechanisms, specific contractual clauses related to privacy, and personal data protection.
As a CONTROLLER, MONDIANA may process personal data and sensitive personal data in situations authorized by Article 7 and Article 11 of the General Data Protection Law, such as to comply with a legal obligation, for the execution of a contract, or for the regular exercise of rights.
As a PROCESSOR, MONDIANA will respond on behalf of the CONTROLLER for personal data processing activities in the following processes, according to the legal basis defined by the CONTROLLER:
3. FOR WHAT PURPOSES DO WE USE THE USER’S PERSONAL DATA?
When you interact with MONDIANA commercially or through the company’s websites and platforms, we use various tools to process the collected personal data.
If the Data Subject decides to provide their personal information on the MONDIANA website to use online services or any other services, such information will be processed for the specific purposes previously defined or as described in the service agreement.
The Data Subject reserves the right, at any time, including at the time of providing personal information, to inform MONDIANA through the available communication channels that they do not wish to receive such announcements, including by email (opt-out), in which case MONDIANA will discontinue such services as soon as possible. To unsubscribe, follow the opt-out instructions.
4. WHAT PROCESSING WILL BE DONE WITH PERSONAL DATA?
In accordance with the legislation, MONDIANA may collect, RECEIVE, CLASSIFY, USE, ACCESS, TRANSMIT, store, ARCHIVE, DELETE, share with third parties, in short, perform all activities provided for in Article 5, X of the General Data Protection Law, always strictly observing the mentioned legislation, your personal data and registration information, when necessary to fulfill the agreements made between the parties and in other situations based on legitimate purposes, such as supporting and promoting activities or providing services that benefit others involved in the process.
5. ABOUT THE SHARING OF YOUR PERSONAL DATA
MONDIANA may share personal data with partner companies to improve its products, services, and processes, as permitted by applicable law and in accordance with this policy.
We emphasize that new online services made available by MONDIANA will automatically be subject to the Privacy Policy in force at the time of use.
We will share the Data Subject’s personal data when we believe, in good faith, that it is necessary to comply with a legal obligation, under applicable law, or to respond to a valid legal process, such as a search warrant, court order, or subpoena.
We will also share the Data Subject’s personal data if we believe, in good faith, that it is necessary for our legitimate interest, or that of third parties, in matters of national security, law enforcement, litigation, criminal investigation, protection of the safety of any person, or to prevent death or imminent physical harm, provided that we consider that such interest does not override the interests or fundamental rights and freedoms of the User requiring the protection of the User’s personal data.
6. YOUR RIGHTS AS A DATA SUBJECT
In compliance with the applicable regulations, when in force, regarding the processing of personal data, especially the General Data Protection Law (Law No. 13.709/2018), MONDIANA respects and guarantees you the possibility of making requests based on the rights provided for in Article 18 of the LGPD, such as access, deletion, portability, etc.
7. UPDATING INFORMATION
MONDIANA reserves the right to enhance the functionalities of its internal processes. Therefore, this privacy policy may be updated at any time, except in cases of legal prohibition, to include implemented modifications. By continuing to use our Services after updating this policy, you agree to the changes made and in effect at the time of access.
8. INTELLECTUAL PROPERTY
MONDIANA ensures that the information (texts, images, sounds, and/or applications) contained on its websites complies with the legislation and regulations governing intellectual property rights (copyright and industrial), as well as belongs to MONDIANA or a third party that lawfully assigned its usage rights, and modifications, copies, reproductions, or any other forms of use for commercial purposes are not permitted without the company’s prior and express consent. You declare that you will respect all intellectual property rights contained in our Services, acknowledging that the right to access the Service does not grant any authorization to use intellectual property rights contained in such Service.
9. USER COMMITMENT
The user agrees to make appropriate use of the content and information provided by Mondiana on our website and, by way of example but not limited to:
- A) Not engaging in activities that are illegal or contrary to good faith and public order;
- B) Not disseminating propaganda or content of a racist, xenophobic nature, pornography, apology to terrorism, or against human rights;
- C) Not causing damage to Mondiana’s physical (hardware) and logical (software) systems, its suppliers, or third parties, by introducing or spreading computer viruses or any other hardware or software systems capable of causing previously mentioned damage.
10. TERMS OF USE
By accessing our website, you agree to comply with these terms of service, all applicable laws and regulations, and agree that you are responsible for complying with all local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on this site are protected by applicable copyright and trademark laws.
11. USE OF LICENSE
Permission is granted to temporarily download one copy of the materials on Mondiana’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: modify or copy the materials; use the materials for any commercial purpose or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Mondiana’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mondiana at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
12. DISCLAIMER
The materials on Mondiana’s website are provided “as is.” Mondiana makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mondiana does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
13. LIMITATIONS
In no event shall Mondiana or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Mondiana’s website, even if Mondiana or a Mondiana authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
14. ACCURACY OF MATERIALS
The materials appearing on Mondiana’s website could include technical, typographical, or photographic errors. Mondiana does not warrant that any of the materials on its website are accurate, complete, or current. Mondiana may make changes to the materials contained on its website at any time without notice.
15. LINKS
Mondiana is not responsible for the contents of any linked site that is not its property. The use of any such linked website is at the user’s own risk.
16. REQUESTS AND COMPLAINTS
If you have any requests or complaints, please contact us through the following contact: lgpd@mondiana.com.br. When contacting us, providing personal data to confirm your identity will be necessary. Other information may be requested to confirm your identity to better address your request or complaint if there are doubts about the truthfulness or legitimacy of the information provided.
17. GENERAL PROVISIONS
Any omissions or mere tolerances of the parties in requiring the strict and full compliance with this Privacy Policy and/or the prerogatives arising from it or the law will not constitute a waiver or affect the exercise of any rights provided herein, which may be fully and entirely exercised at any time. If a provision is found to be null, the remaining provisions of this Privacy Policy will remain in full force, and a valid term will replace the null term, reflecting our intention as much as possible.
18. APPLICABLE LAW AND DISPUTE RESOLUTION
Any and all disputes arising from the terms set forth in this Privacy Policy will be resolved in accordance with Brazilian law, with the forum of Biguaçu/SC, excluding any other, however privileged it may be, being competent. It is also clear that the use of Services and orders placed outside Brazilian territory, or those arising from operations initiated abroad, may also be subject to the legislation and jurisdiction of the authorities of the countries where they were ordered or initiated.